Texas Uber and Lyft Accidents Attorney

If you have been injured in an accident caused by an Uber driver or while riding as a passenger of Uber or Lyft, you may be entitled to seek compensation. In that case, you may have a claim against the Uber driver’s personal auto liability insurance or you may have a claim against the Uber insurance coverage provided to Uber drivers while they are on the clock. Our firm’s accident lawyer can review the specific details of your accident and determine the appropriate legal steps to take.

Texas law (Insurance Code Chapter 1954) requires rideshare companies such as Uber and Lyft to carry insurance for drivers. Generally, when a driver is logged into the app but has not accepted a ride, the required coverage is $50,000 per person, $100,000 per accident and $25,000 for property damage. From the time a driver accepts a ride request until the passenger is out of the vehicle, the required coverage is at least $1,000,000. A driver’s personal auto policy may exclude commercial use, and insurers often dispute who was at fault, whether the driver was engaged in a ride, and what coverage applies. Because the coverage that applies depends on the driver’s status in the app at the moment of the crash, preserve the ride receipt and app screenshots and speak with a lawyer before giving a recorded statement.

Causes of Uber and Lyft Accidents

The same factors that cause regular car accidents apply to Uber and Lyft collisions as well. Speed and aggressive driving are common causes of accidents due to the nature of transportation. Uber and Lyft drivers are able to drive and earn as much money as they want. The more they drive, the more money they make. Thus, speeding and ignoring traffic signals are ways to quicken the cash flow. A few other factors that contribute to rideshare collisions are:

• Distracted driving
• Driver fatigue
• Tailgating
• Alcohol
• Poor vehicle maintenance

Compensation for Uber and Lyft Accident Injuries

There are two types of damages an injured passenger can collect upon filing a personal injury claim against a negligent driver and/or the rideshare service company: compensatory and punitive. The purpose of compensatory damages is to make the plaintiff “whole.” Plaintiffs can collect compensatory damages for both monetary and non-monetary losses. Some of these include:

• Present and future medical expenses
• Present and future loss of income
• Vocational rehabilitation
• Household services
• Wrongful death damages
• Loss of enjoyment
• Loss of consortium
• Pain and suffering
• Emotional distress

Punitive damages are not awarded as frequently as compensatory damages. Courts will award punitive damages in cases where the defendant’s behavior was particularly egregious or outrageous. The purpose behind punitive damages is to make an example out of the defendant so as to deter others from committing similar acts in the future.

Rideshare Insurance in Texas

Texas law sets insurance requirements for transportation network companies such as Uber and Lyft. Which coverage applies depends on what the driver was doing when the crash happened:

• App off: the driver’s personal auto insurance applies.
• App on, waiting for a ride request: at least $50,000 per person and $100,000 per incident for bodily injury, and $25,000 for property damage (Texas Insurance Code §1954.052).
• During a prearranged ride, from the moment the driver accepts a request until the last rider leaves the car: at least $1 million total liability coverage per incident (§1954.053).

This is why app records matter. Our attorney and team work to establish the driver’s status at the moment of the crash.

Who Can Bring a Rideshare Claim

• Passengers injured during a ride
• Drivers and passengers of other vehicles hit by a rideshare driver
• Pedestrians and cyclists
• Rideshare drivers injured by another at-fault driver

What to Do After an Uber or Lyft Accident

1. Get medical care and call the police.
2. Take screenshots of the trip in the app, including the driver’s name and the trip details.
3. Photograph the vehicles, plates and the scene, and collect witness information.
4. Report the crash in the Uber or Lyft app, but be careful with written statements about fault.
5. Talk to an attorney before giving a recorded statement to any insurer.

Uber and Lyft Accident FAQ

Can I sue Uber or Lyft directly?

It depends on the facts. Rideshare drivers are often treated as independent contractors, so many claims are paid through the required insurance policies rather than by the company itself.

How long do I have to file a claim?

Usually two years from the date of the crash (Texas Civil Practice and Remedies Code §16.003).

What if my driver was not at fault?

You may have a claim against the at-fault driver, and the rideshare policy may provide uninsured or underinsured motorist coverage if the other driver lacks enough insurance.

Related Pages

• Texas personal injury overview
• Car accidents
• Truck accidents
• Slip and fall injuries
• Premises liability

Book a free personal injury consultation. You owe no attorney’s fee or case costs unless we recover for you.

General information, not legal advice. Every case is different, and past results do not guarantee a similar outcome.